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Controlled Substance Crime in the Fifth Degree § 152.025

Fifth degree controlled substance crimes may be the lowest degree of such offenses in Minnesota, but that does not mean that convictions do not carry steep consequences. While only sale of a simulated controlled substance is ranked lower in terms of severity on the state’s drug offender grid, people accused of controlled substance crimes in the fifth degree can still receive lengthy prison sentences and be ordered to pay large fines.

Many people accused of fifth degree controlled substance crimes are first-time offenders, but individuals with prior convictions can face longer prison sentences. Any kind of drug conviction can also have many other long-term consequences, including possible difficulties in obtaining employment, housing, or professional licenses.

Lawyer for Controlled Substance Crimes in the 5th Degree in Apple Valley, MN

If you were arrested anywhere in the greater Minneapolis-St. Paul area for an alleged fifth degree controlled substance crime, it is in your best interest to retain legal counsel as soon as possible. James Blumberg Law aggressively defends clients facing drug charges in Apple Valley, Burnsville, Eagan, Farmington, Hastings, and many surrounding communities throughout Dakota County, Hennepin County, Ramsey County, and Anoka County.

Apple Valley criminal defense attorney James Blumberg has experience on both sides of the aisle as a former prosecutor in the Criminal Division of the Dakota County Attorney’s Office. He can provide an honest and thorough evaluation of your case as soon as you call (952) 431-7758 to take advantage of a free, confidential consultation.

Types of 5th Degree Controlled Substance Crimes in Dakota County

Under Minnesota Statute § 152.025, controlled substance crimes in the fifth degree are divided into sales crimes and possession or other crimes. A person commits a controlled substance crime in the fifth degree and if he or she:

unlawfully sells one or more mixtures containing marijuana or tetrahydrocannabinols (THC), except a small amount of marijuana (Subdivision 16 of Minnesota Statute § 152.01 defines a “small amount" of marijuana as meaning 42.5 grams or less) for no remuneration; or

unlawfully sells one or more mixtures containing a controlled substance classified in Schedule IV.

An individual also commits a controlled substance crime in the fifth degree if he or she:

unlawfully possesses one or more mixtures containing a controlled substance classified in Schedule I, II, III, or IV, except a small amount of marijuana; or

procures, attempts to procure, possesses, or has control over a controlled substance by fraud, deceit, misrepresentation, or subterfuge; using a false name or giving false credit; or falsely assuming the title of, or falsely representing any person to be, a manufacturer, wholesaler, pharmacist, physician, doctor of osteopathic medicine licensed to practice medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of obtaining a controlled substance.

Controlled Substance Crime in the Fifth Degree Penalties in Minnesota

A person who is convicted for the first time of any of the offenses listed above may be sentenced to:

Up to five years in prison; and/or

A fine of up to $10,000.

An alleged offender who is accused of possessing one or more mixtures containing a controlled substance classified in Schedule I, II, III, or IV can be charged with a gross misdemeanor punishable by up to one year in jail and/or a fine of up to $3,000 if:

the amount of the controlled substance possessed, other than heroin, is less than 0.25 grams or one dosage unit or less if the controlled substance was possessed in dosage units; or

the controlled substance possessed is heroin and the amount possessed is less than 0.05 grams.

Alleged fifth degree controlled substance crimes that constitute subsequent controlled substance convictions can trigger presumptive sentence lengths established on Minnesota’s Drug Offender Grid. A controlled substance crime in the fifth degree is classified as a D2 severity level on this grid, and an alleged offender’s presumptive sentence is based on his or her criminal history score.

A criminal history score is calculated based on prior convictions and their assigned point value. The alleged offender's custody status can also impact his or her criminal history score.

Depending on an alleged offender’s criminal history score, a fifth degree controlled substance crime conviction can result in one of the following sentences:

Criminal History Score

0

1

2

3

4

5

6 or More

Controlled Substance Crime in the 5th Degree

12 Months and One Day

12 Months and One Day

13 Months

15 Months

17 Months

19 Months

21 Months

With cells in the shaded area of the grid, the Minnesota Sentencing Guidelines recommends probation. The Guidelines recommend commitment to prison for cells in the non-shaded area.

Minnesota Controlled Substance Crime in the 5th Degree Resources

Substance Use in Minnesota (SUMN) — SUMN provides data on over 100 indicators of alcohol, tobacco, and other drug consumption patterns, consequences, and contributing factors in Minnesota. You can sort data by topic, location, or demographic. Some of the illicit drugs that can be examined here include cocaine, heroin, methamphetamine, and others.

2010 Minnesota Sentencing Guidelines Commission Drug Report — View the full text of this report examining the sentencing of drug felonies in Minnesota in 2010. The report clearly shows that a majority of offenders sentenced between 2001 and 2010 were sentenced for fifth degree controlled substance crimes. You can learn more about departure rates for controlled substance crimes of all degrees.

Were you recently arrested for an alleged fifth degree controlled substance crime in the Twin Cities area? You should not say anything to authorities until you have legal representation. Contact James Blumberg Law as soon as possible.

James Blumberg is an experienced criminal defense lawyer in Apple Valley who represents individuals all over the greater Dakota County area, including Inver Grove Heights, Lakeville, Mendota Heights, Rosemount, West St. Paul, and many others. Call (952) 431-7758 or complete an online contact form today to have our attorney review your case and answer all of your legal questions during a free initial consultation.

Your Attorney

James L. Blumberg

As a former prosecutor in the Dakota County Attorney’s Office, James Blumberg has experience on both sides of the criminal courtroom. He knows how to fight to get charges reduced or dismissed for clients in the Twin Cities area.

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